Magisterial.

Star (Christchurch), Issue 126, 7 October 1868, Page 2

Magisterial.

This Day. (Before C. C. Bowen, Esq., R.M., and E. Jollie, E.g., J.P.) Lahcent. — Daniel Touner, alias Turner, on remand, vas broiiglit up charged with having stolen a money order from Benjamin Bulnier in January, 1867. Itosanna Elizabeth liulmer said — I am the wife of the prosermtor, and we keep the Accommodation House at the Rakaia Forks. I remember prisoner calling there in the beginning of January, 1867. I think it was about the ninth. He said he had come from Mi* Coster's station, ! and called for two glasses of beer, in payment

of which he gave me a money order drawn on Mr Coster. The paper produced is like it, and is for the same amount — £3 4s 8d — but I could not swear to it, as it appears dirtier, and was not then torn. I deducted the price of the beer I had served him with, and gave him the balance in notes and silver. I asked him to endorse the order, and my attention was shortly after called away. Ido not know whether he did so, but on returning to the bar I missed the paper. I mentioned the loss in his presence, and he said he would write to Mr Coster to stop payment and get another. I did not see the order again, nor did I get another from Mr Coster. I hare not seen prisoner since he left the house until he was in custo iy. I cannot swear whether the order was stamped, but I think it must have been, as I made a practice of not taking such documents, unless they were. By prisoner : I cashed the order directly after you came in. You were not drunk. You stopped at the house two or three days, and were then intoxicated several times. Thomas Hetherington said : I keep the Rakaia Hotel, about the middle of January 1867, I law prisoner there, and cashed the order produced for him. He had had some liquor, and I paid 'him the balance. I caunot say the exact date, but it was soon after I went to the hotsl. Ido not remember prisoner saying anything at the time about having been at Bulmer's. By prisoner: I stamped the cheque for you. J, L. Cotter : The order produced is drawn on me and signed by my brother. I receired the letter produced from the Wind whistle House, Rakaia Forks. It is signed, "D. Touner," and states that he had lost an order on me from my brother, and asking me to stop payment of it. Sergeant Pardy : I recollected seeing prisoner in Dunedin a short time ago. I had known him previously. I had a conversation with him about the order in question. He said he had been drinking at Buhner's Accommodation House, and had asked Mrs Bulmer to cash him an order drawn on Mr Coster, but she declined, as it was not stamped. He said he afterwards got it cashed by Mr Hetherington, who gtamped it. He made this statement to me voluntarily. Mrs Bulmer recalled by request of the prisoner : You went away in our debt. By the Bench : I cannot say whether the order was stamped when I cashed it, but I think not. His Worship : did you not say just now that you thought it was stamped, or you would not have cashed it. VVitness : Yes ; but I cannot say positively either way. His Worship said the memory of the only real witness lor the prosecution was too doubtful to commit the prisoner on, and he would therefore be dismissed.